Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc [2019] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc [2019] NSWSC 1131 Hearing dates: 9 August 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Equity Before: Darke J Decision: Orders that the Notice of Motion filed on 5 July 2019 be dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – parties – joinder – application by third party to become a defendant – proceedings for specific performance of a contract for sale of land – where third party claims to be entitled to a lease of the land by way of proprietary estoppel – where third party lodged caveat on the title of the land – whether third party ought to have been joined as a necessary party to the proceedings – whether joinder is necessary for the determination of all matters in dispute in the proceedings – third party's joinder not necessary – application dismissed Legislation Cited: Real Property Act 1900 (NSW), ss 74K, 74MA Uniform Civil Procedure Rules 2005 (NSW), r 6.24 Cases Cited: Boyd v Thorn (2017) 96 NSWLR 390; [2017] NSWCA 210 Godfrey Constructions Pty Ltd v Kanangra Park Pty Ltd (1972) 128 CLR 529 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Qantas Airways Ltd v AF Little Pty Ltd [1981] 2 NSWLR 34 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Tasker v Small (1837) 3 My & Cr 63 Thomson v Richardson (1928) 29 SR (NSW) 221 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Procedural and other rulings Parties: Lithgow State Mine Railway Ltd (First Plaintiff) COC Ltd (Second Plaintiff) City of Greater Lithgow Mining Museum Inc (Defendant) Lithgow Railway Workshop Pty Ltd (Applicant) Representation: Counsel: Mr T M Lynch SC and Mr M Swanson (Plaintiffs) Mr D Robertson (Applicant)